Can I sue a boat dealer for selling me a boat with a rotted floor if i can pove he knew it and didnt reveal it?

[Krazee about my pets]

i bought a boat from a boat dealer. after taking the boat to another repair service to get what was explained to me by the seller a e-z fix i found out i had rotten stringers and floor. major problem 7000.00 to fix boat is worth 4000.00. he machanic says he used to work for the preveous dealer and knew that he knew the boat was rotten. can i sue the seller even though i signed an as is clause in the sales contract.

[ylime]

of course

[Trudgin the Road]

As is?It doesn't sound good.Check to see if there are any kind of lemon laws relating to boats in your area.I'm currently repairing a massive amount of dry rot in a boat that was just purchased and the owner is beginning to realize that she got screwed and probably has no recourse.I wish the best for you.Good luck.

[ricsudukai]

In simple terms - get a good lawyer, pay for good and sound advice, then pay attention to it.Sounds like you've been screwed over - the burden of proof will be on you if you want to get into court so get all your facts together and see if a good lawyer can make a case. Even a 99% certain winner is a 50/50 proposition in a court room so be very sure you want to do this. As well I'd want to know what you can legally say and do in order to tell as many people as possible what sort of bottom feeder this peanut is - attack him by costing him business. Just don't get yourself in trouble under a slander or defamation suite.Good luck, sorry this has gone wrong.

[Richard C]

In some States there is a "lemon" law that applies to boats. But in most your "as is" sale will prevail. However, $7000 is a bit much for repairs, Materials cost should be 2 to 3 sheets of 5/8 plywood. and a few pieces of 2x6. I'd get a second or third estimate......off season work this winter should be much cheaper. Good Luck!

[Darcy]

Yes you can because he sold you an un-seaworthy boat. And if it was brand new he had to tell you.

[benthic_man]

This depends on a couple of factors, as maritime law as it relates to sales may apply. In your case, if the boat is insured or insurable, you would have needed to have it inspected by a marine surveyor, who should have seen the damage. If you bought a used boat without arranging for a survey, it's not so cut and dry, and you would have to try your luck in a regular court setting. Now, if you can prove that the dealer knew that the sole (the floor is the bilge or double bottom tank tops on a ship, btb) and stringers were rotten, yes, you're in a good spot. The as-is clause in the contract is going to be a problem for you. This is an absolute case of 'caveat emptor' when applied outside of a maritime setting. Proving that you shouldn't have needed to know the condition of the stringers and sole, and that the dealer had prior knowledge is going to be problematic, unless the dealer also has a pre-sale inspection policy. Good luck. Incidentally, $7,000 is extremely steep for a boat under 30.' Thought you should know.

[45 auto]

U can ask the dealer to help U if he refuses try an attorney there are sites u can post your issue on and each time some 1 views it it send them an e/mail tell them your issue we have use it and with in a short time were contacted and the dealer settle out as it was hurting his business.1 is http://www.ripoffreport.com/ there are others they work.

[trunorth8289]

If you can prove it.........take him to court.If you just have heresay might have to take a bath on this one.Best of luck. Give an attorney a call.

[Havoc Squad]

$7k for transom, stringers, and floor rot is not excessively steep. Retail estimates in the US typically run about this price range for this amount of rot damage.If you have no written proof of the seller acting fraudulently regarding the sale, I'd say you only have 20/80 chance or less of winning or getting any reasonable settlement.Contact a ligitation lawyer since only this individual could give you an accurate legal opinion of your options and chance of success in taking this dealer to court.Once again, after consulting your attorney and considering all angles, costs, and risks, it will most likely end up where you are worse off trying to sue.As I stated before in your last question, my advice is for you to part out the sellable items on the boat (outboard, shift cables, gas tank, etc.) to cut your losses. If it has an I/O, it would probably be best to try to sell the engine and outdrive separately if possible.Finally, after its been parted out (except the trailer, don't attempt to sell it until the boat has been legally disposed of.Once the boat is gone, sell off the trailer and wipe your hands clean of this disaster.I hope in the future, this will teach an invaluable lesson about used boat buying. Untrained and inexperienced boat shoppers should not even think about shopping for a boat, else risk a high chance of ending up with an expensive lemon.A lot of questions, and a lot of research, and a lot of effort beats a lot of frustration, labor, and expense.If you need help on learning how to properly screen used boats, ask a question here or you can message some of the top boating contributors here or message me as well.

[DininZolond]

Here's something that puzzles about your question.First off, when does ANYONE take the word of a salesman as truth or fact? Second, did you even ask for a test ride? Or get on deck? Did you NOT notice the floor looked like crap or caved under your feet (if you got on deck)? Did you not notice the transom was rotten? Clues can range from: No motor mounted, gray and moldy, weathering, etc. I mean seriously, were you THAT desperate to get a boat THAT day? You're at fault for not asking a boat shop to come out to look at this boat, because the salesman is NOT a mechanic or shipwright. Most boat shop guys would love to help you, because hey, if it was a minor repair they may get your business and keep you as a customer. ANYTIME, something is sold As Is, you check it out thoroughly. This includes mechanics coming over to check engines and steering, to a boat shop checking the deck, hull, and structural soundness of the boat. If they quote you reasonable prices for the needed repairs or say you can get by with what is there, THEN consider purchasing the boat. Anytime something is As Is, I always dicker the price down, because the money you save can go to the necessary repairs.Can you sue him? Sure, waste more money and time. He sold it As is, you took his word about the "ez repair", you didn't bother to investigate the salesman's claim, you willingly signed the sales contract (knowing about the "ez repair"), and you paid him. My answer, NO. You screwed yourself more than he screwed you. I am truly sorry you had to learn a hard lesson from this.As for the repair, sounds about right for a severely decayed deck. Which means the flotation foam most likely needed to be replaced as well. Depending on where you live, will determine whether it's an expensive repair. In the winter time, is a time boat shops are starving for business. You can talk them down on the labor most of the time. But expect a longer repair time at the smaller shops.

[pumpt]

If the dealer you bought the boat from will not take the boat back then start proceedings thru the local BBB. I had a similar experience where the marina kept my boat over 6 months to repair it and the engine froze and busted. They would not repair the engine. However after the BBB got involved they changed there tune and replaced the engine. This was an $5000 repair. Best of luck